Day Pulverizer Company v. Rutledge

Opinion op the Court by

Stanley, Commissioner—

AfiSrining’.

The appellant, Day Pulverizer Company, sold the appellee, J. W. Rutledge, a rock crusher and elevator for $1,115. He paid $400 in cash and gave three notes for the balance. When sued on the notes, Rutledge counterclaimed and asked their cancellation and a recovery of the cash paid. He also prayed for $225 damages. He asserted a breach of warranty and misrepresentation as to what the machinery would do. The company denied that there was any warranty or misrepresentation, and alleged that the machinery was constructed and made of good…